Pre-Employment Drug Testing Laws by State

Every new year brings changes to marijuana laws. While the federal law has not changed its classification of marijuana as a Schedule 1 substance, New York, New Jersey, New Mexico, and Connecticut have recently legalized recreational marijuana.

With so many states (37 at last count on July 29, 2021) legalizing medical and/or recreational marijuana, the pros and cons of drug or alcohol testing job applicants have become something of a hot topic. Marijuana accounts for nearly half of all positive drug test results.

The question that you might be grappling with is: Do I really want to limit my talent pools by requiring that every prospective employee be tested? Because you can’t pick and choose; if you have a drug testing policy, it has to apply to all applicants, not just a select few. Check out our table for a high-level overview of state laws for applicant drug testing.

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Post By Ken Shafton (2,354 Posts)